Judge: Audra Mori, Case: 21STCV17342, Date: 2022-11-14 Tentative Ruling

Case Number: 21STCV17342    Hearing Date: November 14, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant KSM Healthcare, Inc. dba Dreier’s Nursing Center (“Defendant”) propounded special interrogatories, form interrogatories, and request for production of documents (“RPDs”), all set one, on Plaintiff Jose Francisco Blanco (“Plaintiff”) on September 17, 2021.  Defendant then served its request for admissions (“RFAs”), set one, on Plaintiff on January 18, 2022.  To date, Plaintiff has not served responses.  Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions.

Defendant’s motions to compel are unopposed and granted.  Plaintiff is ordered to serve verified responses to form interrogatories, set one, special interrogatories, set one, and RPDs, set one, without objections, within ten days.  (CCP §§ 2030.290(a), (b), 2031.300(a), (b).) 

Defendant’s motion to deem RFAs, set one, admitted is also granted.  (CCP §2033.280(b).)

Sanctions are mandatory for the motions to compel unless the one subject to sanctions acted with substantial justification or other circumstances make the imposition of sanctions unjust.  Additionally, sanctions are mandatory for the motion to deem admissions admitted against the one whose conduct necessitated the motion.  (CCP §§ 2030.290(c), 2031.300(c), 2033.280(c).)  Defendant requests sanctions against Plaintiff.  However, Defendant does not describe any conduct warranting sanctions against Plaintiff directly.  Thus, no sanctions are awarded.

Defendant is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 14^th day of November 2022